Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2016. 7. 2. 23:30경 울산 남구 B에 있는 C주점에서, 피고인이 행패를 부린다는 신고를 받고 출동하여 피고인의 행동을 제지하는 울산남부경찰서 D지구대 소속 순경 E에게 욕설을 하면서 발로 E의 오른쪽 허벅지 뒷부분을 1회 찼다.
As a result, the defendant assaulted E, a police officer, and interfered with legitimate performance of duties concerning E's 112 dispatch duty.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of F’s written Acts and subordinate statutes;
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. In full view of the criminal history and details of the crime of mental disorder under Article 62-2 of the Social Service Order Criminal Act, Defendant cannot be deemed to have committed the instant crime under the condition that Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions.
Reasons for sentencing
1. The sentencing guidelines shall be recommended [decision of type] of the obstruction of the performance of official duties, and there is no one [the person who has been specially punished] [the scope of recommendation] [the scope of imprisonment] 6 months to 1 year and 4 months (the basic area] / the suspension of execution of a sentence (the comprehensive comparison and evaluation of the reasons for the suspension of execution of a sentence / the suspension of execution of a sentence) - the reasons for positive general reference: The
2. Six months of imprisonment with prison labor for a decision of sentence, two years of suspended execution, community service hours;